In re Dollar Savings Bank

262 A.D. 707, 27 N.Y.S.2d 284, 1941 N.Y. App. Div. LEXIS 5476

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 2, 1941
• Status: Published

Opinion

The interest paid on the second mortgage, a bona fide junior mortgage executed prior to July 1, 1932, and not shown to be invalid, was a proper charge and deductible from the income of the mortgaged property in this proceeding instituted under Civil Practice Act, section 1077-e. (Matter of Ebling Brewing Co., Inc., v. Bubel Corp., 260 App. Div. 744.) Order appealed from unanimously modified accordingly, and as so modified affirmed. Settle order on notice. Present — Martin, P. J., O’Malley, Townley and Dore, JJ.